Stubblefield v. State, No. PS

Docket NºNo. PS
Citation386 N.E.2d 665, 270 Ind. 421
Case DateMarch 07, 1979

Page 665

386 N.E.2d 665
270 Ind. 421
James STUBBLEFIELD, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. PS 416.
Supreme Court of Indiana.
March 7, 1979.

Page 666

Harriette Bailey Conn, Public Defender, David P. Freund, Marcia L. Dumond, Deputy Public Defenders, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee.

[270 Ind. 422] PRENTICE, Justice.

Defendant (Appellant) was charged with and convicted of second degree murder in a trial by jury. Ind.Code § 35-1-54-1 (Burns 1975). He was sentenced to imprisonment for a period of not less than fifteen (15) nor more than twenty-five (25) years. He was granted permission by this Court to file a belated appeal pursuant to Post Conviction Remedy Rule 2, and he presents the following errors for our review:

(1) Whether the trial court erred in denying his motion to exclude specific evidence and testimony concerning a pretrial identification of the defendant by three of the State's witnesses.

(2) Whether there was sufficient evidence to sustain the jury's verdict.

ISSUE I

Prior to the start of trial, the defendant filed a motion in limine to exclude specific evidence and testimony concerning any identification of the defendant by three of the State's witnesses. In his motion the

Page 667

defendant stated that the witnesses' identifications were tainted by an impermissibly suggestive lineup conducted prior to trial. At the lineup, each participant was required to step forward and state his name, despite the witnesses' alleged knowledge that the suspect's name was James Stubblefield. The motion was denied by the trial court.

At the hearing held on the defendant's motion, the only evidence introduced by the defendant addressing the possible suggestiveness of the lineup was a transcript of testimony presented before the grand jury. The defendant, however, failed to include this evidence in the record, and therefore, we are unable to determine the basis upon which the trial court made its ruling, and consequently whether any error occurred. It is the appellant's duty to present this Court with a proper record. Pulliam v. State, (1976) 264 Ind. 381, 345 N.E.2d 229.

In addition, the defendant failed to object at trial to the admission of the identification testimony. We have repeatedly stated that the failure to object at trial to the admissibility of evidence, constitutes a waiver of the issue,...

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24 practice notes
  • Dean v. State, No. 580S122
    • United States
    • Indiana Supreme Court of Indiana
    • April 14, 1982
    ...trial, to the prosecutrix's testimony or Detective Mitchell's testimony Page 1185 upon this ground. Stubblefield v. State, (1979) Ind., 386 N.E.2d 665, 667. Defendants also urge that Indiana law comports with that of other jurisdictions, e.g., State v. DeGraffenreid, (1972) Mo., 477 S.W.2d ......
  • Arnold v. State, No. 1082S404
    • United States
    • Indiana Supreme Court of Indiana
    • March 2, 1984
    ...a waiver of the issue, preserving nothing for review. Ross v. State, (1982) Ind., 429 N.E.2d 942; Stubblefield v. State, (1979) 270 Ind. 421, 386 N.E.2d Defendant also contends that the trial court erred in allowing Bailey to testify about statements defendant's accomplice made during the r......
  • Little v. State, No. 2-1278A419
    • United States
    • Indiana Court of Appeals of Indiana
    • December 15, 1980
    ...made no objection at trial to the admission of the testimony. Therefore, any error is waived. See Stubblefield v. State (1979) Ind., 386 N.E.2d 665. Little failed to object either to the testimony of L.K.'s stepfather that his wife told him about the incident or to certain terms the witness......
  • Jones v. State, No. 280S32
    • United States
    • Indiana Supreme Court of Indiana
    • September 2, 1981
    ...failure of his trial counsel to object at the time the evidence was actually presented to the jury. Stubblefield v. State, (1979) Ind., 386 N.E.2d 665; Lagenour v. State, (1978) 268 Ind. 441, 376 N.E.2d 475; Pointon v. State, (1977) Ind., 372 N.E.2d 1159. This issue has been The appellant c......
  • Request a trial to view additional results
24 cases
  • Dean v. State, No. 580S122
    • United States
    • Indiana Supreme Court of Indiana
    • April 14, 1982
    ...trial, to the prosecutrix's testimony or Detective Mitchell's testimony Page 1185 upon this ground. Stubblefield v. State, (1979) Ind., 386 N.E.2d 665, 667. Defendants also urge that Indiana law comports with that of other jurisdictions, e.g., State v. DeGraffenreid, (1972) Mo., 477 S.W.2d ......
  • Arnold v. State, No. 1082S404
    • United States
    • Indiana Supreme Court of Indiana
    • March 2, 1984
    ...a waiver of the issue, preserving nothing for review. Ross v. State, (1982) Ind., 429 N.E.2d 942; Stubblefield v. State, (1979) 270 Ind. 421, 386 N.E.2d Defendant also contends that the trial court erred in allowing Bailey to testify about statements defendant's accomplice made during the r......
  • Little v. State, No. 2-1278A419
    • United States
    • Indiana Court of Appeals of Indiana
    • December 15, 1980
    ...made no objection at trial to the admission of the testimony. Therefore, any error is waived. See Stubblefield v. State (1979) Ind., 386 N.E.2d 665. Little failed to object either to the testimony of L.K.'s stepfather that his wife told him about the incident or to certain terms the witness......
  • Jones v. State, No. 280S32
    • United States
    • Indiana Supreme Court of Indiana
    • September 2, 1981
    ...failure of his trial counsel to object at the time the evidence was actually presented to the jury. Stubblefield v. State, (1979) Ind., 386 N.E.2d 665; Lagenour v. State, (1978) 268 Ind. 441, 376 N.E.2d 475; Pointon v. State, (1977) Ind., 372 N.E.2d 1159. This issue has been The appellant c......
  • Request a trial to view additional results

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